\ GOVERNMENT OF KERALA Abstract Industries Department — Mining & Geology — Judgment of Hon'ble High Court dated 20.10.2011 in WP(C)No.27051/11 and 27058/11 — Inclusion of ordinary earth into the category of Minor mineral — Orders issued. INDUSTRIES (A) DEPARTMENT G.0.(MS) No.18/2012/1ID Dated, Thiruvananthapuram, 15/02/2012 Read:- 1) Notification No.GSR 95 (E) on February 3, 2000 of Ministry of Mines and Minerals, Department of Mines, Government of India. 2) G.O(Ms)No.85/2010/D dated 5.4.2010 3) G.O(Ms)No.180/2011/1D dated 19.8.2011 4) Joint Judgment dated 20.10.2011 in WP(C)No.27051/11 and 27058/11 of Hon'ble High Court ORDER Minor mineral is defied under S 3(e) of the Mines and Mineral (Development & Regulation) Act, 1957. As per the Act, ‘Minor Minerals’ means building stones, gravel, ordinary Clay, ordinary sand other than sand used for prescribed purpose, and any other mineral which the Central Government may, by notification in the official Gazette, declared to be a minor mineral. ‘ In exercise of its power under S.3(e) of the Central Govemment issued GSR 95(E) on February 3, 2000 declaring ordinary earth as a minor mineral, which reads as “the ‘ordinary earth’ used for filling or leveling purposes in construction of embankments, roads, railways, buildings to be a minor mineral in addition to the minerals already declared as minor minerals herein before under the said clause." As per Government Order read as 2™ and 3 papers above, Government of Kerala had issued certain guidelines regarding mining, extraction and ~, transportation of ordinary earth. Both the above read Government Orders were issued, after taking into account the practical difficulties being experienced by the publics in extraction and usage of ordinary earth as a construction and filing material. As per the judgment, read as 4° paper, Hon'ble High Court had observed that, G.O(Ms)85/2010/ID dated 5.4.2010, is opposed not only to the ‘statutory provisions, but also to the principles laid down in a number of previous judgment of Hon'ble Apex Court and Hon'bie High Court. Hon'ble High Court had ‘Suggested to modify the orders.Jf — = — _ ov / Government have examined the issue in detail and are please to cancel ‘the Government Order read as 2" & 3" paper above. Director of Mining & Geology, Thirvananthapuram will furnish necessary proposals, for including the ordinary earth in the category of minor mineral, by amending Kerala Minor Mineral Concession Rules, 1967, in tune with the notification of Central Government, read as [** paper above. The District Collector will take necessary action to control the illegal mining of ordinary earth till the issuance of a: as per the Kerala Minor Mineral Concession Rules, 1967. By Order of the Governor, Alkesh Kumar Sharma., Secretary to Government(|P). To The Director of Mining & Geology, Thiruvananthapuram. The Secretary, Ministry of Mines, Government of India, New Deihi. The Controller, Indian Bureau of Mines, Nagpur. The Geological Survey of India, New Delhi. The Revenue Department. The Home Department, The Local Self Government Department. The Water Resources (GW) Department All District Collectors. ~All District Geologists. Vyvasaya keralam, Thiruvananthapuram. Kerala State Small Scale Industries Association. Chamber of Commerce, Jawahar Nagar, Kaudiar, Thiruvananthapuram. Kerala Chamber of Commerce, Shanmugham Road, Kochi. Malabar Chamber of Commerce, Kozhikode. Director, Public Relations (for vide publicity) Stock File, Office Copy Forwarded/By Order, G Sectipri Officer.